If you have been injured in an accident that was not your fault, and you have already made a claim before, but not for the same injury, then your previous claim has no bearing whatsoever on your right to make a new claim. If however you are looking to make a second claim for the same thing, then this will likely not be possible, unless your injury or illness has worsened or new evidence has come to light to further support your claim.
For example, if your first claim was rejected by the other side because of a lack of evidence to support your version of events, but new evidence has come to light to support your statement, then work accident compensation lawyers would likely be interested in looking into the possibility of making a second claim. The reason for this, is that the new evidence will ‘reopen’ your case, which was otherwise considered ‘closed’ by the other side.
In another scenario, you could make a second claim if your illness or symptoms have worsened considerably since your initial claim. For example, if you suffered a broken back in a fall from height at work and initially your injury did not cause any long-term issues, but your back has since taken a turn for the worse and you have reduced mobility, then it may be possible to reopen your case. Under the circumstances, you will need to discuss your case with specialist work accident compensation lawyers because you may or may not be eligible to make a second claim for the same accident and injuries.
To reiterate our very first point about claim eligibility, however, if you have been injured in a separate accident to a previous claim, then you can make a claim for the new accident. To do so, your accident or the date your injuries became clear must be within the last three years. This is known as your Date of Limitation or your Date of Knowledge.
After three years personal injury claims are time-barred, so they cannot be brought forward by you or any work accident compensation lawyers representing you. Exceptions do apply however, if you have been treated under the Mental Health Act 1983.
Talk to experienced work accident compensation lawyers today
Whether you would like to make a new claim for a separate accident or you think you have the right to open up a second claim for an accident you have already claimed for, you should seek legal advice. We operate a free, no obligation claims helpline on 0800 157 1438 where you can get answers to your questions and find out more about the claims process.